Campbell v Adair
| Jurisdiction | Scotland |
| Judgment Date | 23 November 1944 |
| Date | 23 November 1944 |
| Docket Number | No. 5. |
| Court | High Court of Justiciary |
HIGH COURT.
Ld. Moncrieff. Ld. Stevenson. Lord Russell.
Statutory Offences—Police Acts—Disorderly behaviour—Omnibus inspector bullying passenger while investigating complaint by driver—"Disorderly"—Glasgow Police Act, 1866 (29 and 30 Vict. cap. cclxxiii), sec. 135 (5).
The Glasgow Police Act, 1866, by sec. 135 (5), makes it an offence if a person is "riotous, disorderly or indecent in his behaviour."
An omnibus inspector, when investigating an accident to a female passenger which, according to the driver, resulted from her attempt to board the omnibus while in motion, adopted a high-handed attitude to the passenger, spoke loudly to her although she was still in a nervous and shocked condition, bullied her by accusing her of boarding the omnibus while in motion and stating that she had therefore no case, and made it quite clear that he was accepting the driver's version of the accident. His attitude further aggravated the passenger's distressed condition and caused another passenger to leave the omnibus in disgust. The inspector was subsequently charged under sec. 135 (5) with disorderly behaviour, and was convicted.
Held that the word "disorderly" in sec. 135 (5) of the Act of 1866 indicates less aggressive conduct than would be required to constitute a breach of the peace, and that, accordingly, conduct which had so disturbed the order of the omnibus as to cause a passenger to leave in disgust was sufficient in the circumstances to entitle the Sheriff-substitute to convict.
John Milne Campbell was charged in the Sheriff Court at Glasgow on a complaint at the instance of James Adair, Procurator fiscal, which set forth that "having on 14th December 1943 at Eglinton Toll, Glasgow, when acting as an official of the Glasgow Corporation transport department, been summoned to public service vehicle, registered number CUS 820, on which Ann Boyle or Cunningham,…a passenger, was in a state of distress caused by the circumstances in which she had entered said vehicle in Gorbals Street, Glasgow, you were, date and place aforesaid, disorderly in your behaviour and did loudly upbraid said Anne Boyle or Cunningham, who was in a pregnant condition, about the alleged manner in which she had entered said vehicle, and did shout at and adopt an offensive and bullying attitude towards her; contrary to The Glasgow Police Act, 1866, section 135 (5)…"*
On 15th June 1944 the Sheriff-substitute (Gillies) convicted the accused. At his request, he stated a case for appeal to the High Court of Justiciary.
The stated case set forth that the following facts were admitted or proved:—"(1) That the appellant was employed as an inspector and time keeper by Glasgow Corporation transport department, and on 14th December 1943 was on duty as such at Eglinton Toll. (2) That on 14th December 1943 Mrs Anne...
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...context of a local Act, it had been held that "disorderly conduct" could be distinguished from a breach of the peace (Campbell v. Adair 1945 J.C. 29 at page 33). Mr. Shead also referred to cases in which it had been held, by reason of the deletions made by the jury in returning a verdict, t......
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